A police report released this week says that Mayor Ray Nagin's nephew, Larry Smith, died from injuries suffered after he leaped out of a moving pickup during a heated argument that initially didn't involve him.

However, a witness has filed a separate account in Orleans Parish Municipal Court claiming that the truck's driver hit Smith over the head with a beer bottle, then kicked him out of the truck's cab as she fled the fracas.

Smith, 29, was critically injured Feb. 13 after tumbling out of the truck in Algiers. He died Feb. 21 at LSU Interim Public Hospital. Smith's mother is Wanda Nagin Smith, one of the mayor's two sisters. He was buried Feb. 27 and is survived by two young sons.

Despite Smith's death, officers have booked the pickup's driver, Anastasia Nedd, with only municipal violations rather than a more serious criminal offense.

Authorities apparently struggled to sort out what happened. Early in the investigation, coroner's officials indicated they believed Smith fell out of the bed of the truck, not the cab. Meanwhile, the police report says officers "were unable to find any unbiased witnesses to the incident."

The police report, written from interviews conducted the day of the incident, describes events this way:

Smith was attending a Krewe of NOMTOC parade party at a home in the 1700 block of West Homestead Drive in Algiers when Nedd cruised in front of the party several times in a dark four-door car. She leaned out of the driver's window, spoke briefly to a group of people gathered there and drove off.

Nedd, who reportedly had an affair with the husband of one of the women at the party, later drove back to the party in a green two-door pickup. She allegedly drove onto the front lawn wielding a green beer bottle out of the driver's window and shouted, "Imma get all you bitches."

Smith hopped into the passenger side of the truck's cab and tried to grab the bottle out of Nedd's hand, the report said. With Smith inside, Nedd sped off down West Homestead Drive and turned on nearby Gen. Meyer Avenue. Smith then reportedly jumped from the truck as it neared Gen. Meyer's intersection with Michael Street, and Nedd continued driving.

Someone eventually called 911. NOPD Sgt. Ronald Ruiz detained Nedd after "she returned to the scene of the incident," police said.

Police said Smith told an officer that he fell after trying to leap out of the truck before paramedics took him to the hospital. Nedd and another woman told officers the same thing, according to the report.

In Nedd's version of events, she said she left a friend's house down the street from the party when suddenly several people surrounded her truck. Fearing for her safety, she grabbed a beer bottle in the front seat of her truck and tried to scare "her attackers" off with it, she said.

Smith, a man she said she did not know, then jumped into the passenger side of her pickup. She accused Smith of punching her "repeatedly about the face with a closed fist" before he jumped out, according to the report. However, officers "observed no injuries to Nedd," the police report said.

Meanwhile, a woman named Juana Andry filed a dramatically different witness statement in Municipal Court. She accused Nedd of practically killing Smith.

Andry told police that she and Nedd have had problems ever since Nedd had an affair "over a year ago" with her husband, identified in Municipal Court documents as Mark Andry.

Andry accused Nedd of waving the bottle at her when she pulled up in the truck and of yelling, "Bitch, I'm here, now what you going to do!"

China Smith, Larry Smith's wife and Andry's friend, stood at the passenger side of the truck and tried to grab the bottle out of Nedd's hand.

Nedd then swung the bottle at China Smith, Andry said. Seeing that, the 5-foot, 7-inch, 235-pound Larry Smith charged into the truck and tried to wrestle the bottle away from the 5-foot, 125-pound Nedd.

Nedd hit Larry Smith on the head with the bottle and kicked him out of the truck before speeding off to Gen. Meyer, Andry said. Moments later, she drove back toward him and "began laughing."

The police report casts doubt on Andry's version of events. Officers noted that Mark Andry had grabbed his wife and escorted her inside the home before Smith jumped into the truck, suggesting she may not have been in the street to see what happened.

Andry, on her part, wrote in her statement, "I'm tired of the 4th District ... doing absolutely nothing concerning (Nedd). I feel she should have been charged with battery and stalking charges. She harasses me and I have documentation to prove all that she has done to me."

Noting that "a person of (Smith's) size would cause some type of injury to (someone) Nedd's size," Ruiz advised his officers to book Nedd into jail on charges of making threats, assault and criminal trespassing. The police report notes that officers needed to double-lock her handcuffs to restrain her.

Nedd posted a $20,000 bond for her release and was ordered to stay away from Mark Andry, Juana Andry and China Smith.

Municipal court records show that Nedd, who lives in the 2100 block of Valentine Court in Algiers, has been arrested several times in connection with previous conflicts. Officers have cited her for disturbing the peace, criminal trespassing, resisting police and other violations repeatedly.